Funds appropriated for the Department of
Defense may continue to be used to provide compensation to a
military
technician who was hired as a military technician (dual status),
but who is no
longer a member of the Selected
Reserve.

.

(d)

Exemption of military technicians from review by Army Qualitative Retention Program or Air Force
Selective Retention Program

A military technician (dual status) who is fully qualified in the technician's military technician
(dual status) position and is properly performing the technician's
military technician duties in such position—

(1)

shall be retained in the armed forces;

(2)

may not be considered for involuntary separation by a retention board of the armed force concerned;
and

(3)

shall be entitled to re-enlist as an enlisted member so as to maintain eligibility for continued
employment as a military technician (dual status).

.

(e)

Repeal of
permanent limitations on number of non-Dual status technicians

in
the matter preceding paragraph (1), by striking Notwithstanding any
other provision of law and under and inserting Under;
and

(ii)

in
paragraph (4), by striking a right of appeal and inserting
subject to subsection (j), a right of appeal; and

(B)

by adding at the
end the following new subsection:

(j)(1)

Notwithstanding subsection (f)(4) or any
other provision of law, a technician and a labor organization that
is the
exclusive representative of a bargaining unit including the
technician shall
have the rights of grievance, arbitration, appeal, and review
extending beyond
the adjutant general of the jurisdiction concerned and to the Merit
Systems
Protection Board and thereafter to the United States Court of
Appeals for the
Federal Circuit, in the same manner as provided in sections 4303,
7121, and
7701–7703 of title 5, with respect to a performance-based or
adverse action
imposing removal, suspension for more than 14 days, furlough for 30
days or
less, or reduction in pay or pay band (or comparable reduction).

(2)

This subsection does not apply to a
technician who is serving under a temporary appointment or in a
trial or
probationary
period.

Repeal of
prohibition against overtime pay for National Guard technicians

Section 709(h) of title 32, United States
Code, is amended by striking the second sentence and inserting the
following
new sentence: Notwithstanding section 5542 or 5543 of title 5 or any other provision of law, the Secretary
concerned shall pay a technician for
irregular or overtime work at a rate equal to the
rate
of basic pay applicable to the technician, except that, at the request of
the
technician, the Secretary may grant the technician, instead of such pay,
an
amount of compensatory time off from the technician’s scheduled tour of
duty
equal to the amount of time spent in such irregular or overtime
work..

3.

Title 5, United
States Code, amendment regarding National Guard technicians and related
matters